Change of venue

North Carolina Divorce Law Divorce and Separation Answers
1

My brother is going through a bitter custody battle/child support battle/divorce. They are both from one county and since this started, they now live several hours away. He would like to get a change of venue to move the hearings to another county - where she and the children reside. Is this something he can do himself, and if so, what is the procedure? If an attorney needs to do it, can he find one that will just change the venue? He has no money - she has ruined him financially. Also, she refuses to let him speak to or see his 5 children.

Thanks so much for your help.

2

If none of the parties remain in the county where the action commenced it is proper to make a motion to change venue. The motion will be filed and then will need to be set for a short hearing for the judge to make a ruling. I do recommend your brother hire an attorney to make the motion to ensure proper procedure is followed according to the rules, and he should not have a problem finding a lawyer to help with this issue.